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Expert Analysis

SEC's Reversal On ALJs Could Affect Its Forum Choices

By Coates Lear, Thomas Zeno and Elizabeth Weil Shaw (December 15, 2017, 11:15 AM EST) -- For the past few years, the U.S. Securities and Exchange Commission has been battling challenges to the constitutionality of its administrative proceedings. On Dec. 1, 2017, in a sudden about-face, the SEC issued an order ratifying its prior appointment of its five sitting administrative law judges to remedy what the agency now seemingly concedes was an unconstitutional hiring process. Doing so, the SEC announced, will "put to rest any claim that administrative proceedings pending before, or presided over by, Commission administrative law judges violate the Appointments Clause."...

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